Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable.
Modification by the Court. In the event that any provision or Section of this Agreement violates any law of the state of California or is for some other reason unenforceable as written in the state of California, the Employee and the Company agree that the unenforceable provision or Section should not cause the entire Agreement to become unenforceable unless it is caused to fail in its essential purpose. In the event that any provision or Section of this Agreement violates any law of the state of California or is for some other reason unenforceable as written in the state of California, the Employee agrees that the provision should be reduced in scope or length or otherwise modified by the Court, if possible under the law, to cause the provision or Section of the Agreement to be legal and enforceable but to still provide to the Company the maximum protection available to it under the law.
Modification by the Court. If the final Settlement Agreement or any material part of it is modified by the Court or is materially modified on appeal or remand, any Party may terminate the Settlement. For purposes of this paragraph, a “material modification” is one that significantly alters the rights or obligations of one or more of the Parties. Without limiting the foregoing and by way of illustration only, material modifications include but are not limited to: (1) any change to the scope of the Released Claims or Settlement Class; (2) any increase in the cost of the Settlement to be borne by Xxxxxxxx-Xxxxx: (3) any non-trivial change to the benefit, Class Notice, Claim Form, notice plan set forth in Paragraph 4.1, or Claims Process. No order or action of the Court pertaining to attorneys’ fees or expenses shall be considered to constitute a modification so long as such order, action, or modification does not increase the cost of Settlement to be borne by Xxxxxxxx-Xxxxx. The Parties agree that the denial, downward modification, or failure to grant the request for attorneys’ fees or expenses or the request for Class Representative Payment shall not constitute grounds for modification or termination of the Settlement Agreement.
Modification by the Court. (1) Subject to the right to terminate this Settlement Agreement under section 9.1, to the extent any term in this Settlement Agreement is modified by the Court, such modification shall take precedence over this Settlement Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Modification by the Court. IN THE EVENT THAT ANY PROVISION OR SECTION OF THIS AGREEMENT VIOLATES ANY LAW OF THE STATE OF TEXAS OR IS FOR SOME OTHER REASON UNENFORCEABLE AS WRITTEN IN THE STATE OF TEXAS, THE EMPLOYEE AND THE COMPANY AGREE THAT THE UNENFORCEABLE PROVISION OR SECTION SHOULD NOT CAUSE THE ENTIRE AGREEMENT TO BECOME UNENFORCEABLE UNLESS IT IS CAUSED TO FAIL IN ITS ESSENTIAL PURPOSE. IN THE EVENT THAT ANY PROVISION OR SECTION OF THIS AGREEMENT VIOLATES ANY LAW OF THE STATE OF TEXAS OR IS FOR SOME OTHER REASON UNENFORCEABLE AS WRITTEN IN THE STATE OF TEXAS, THE EMPLOYEE AGREES THAT THE PROVISION SHOULD BE REDUCED IN SCOPE OR LENGTH OR OTHERWISE MODIFIED BY THE COURT, IF POSSIBLE UNDER THE LAW, TO CAUSE THE PROVISION OR SECTION OF THE AGREEMENT TO BE LEGAL AND ENFORCEABLE BUT TO STILL PROVIDE TO THE COMPANY THE MAXIMUM PROTECTION AVAILABLE TO IT UNDER THE LAW.
Modification by the Court. In the event that any provision or Section of this Agreement violates any law of the state of Florida or is for some other reason unenforceable as written in the state of Florida, the Employee and the Company agree that the unenforceable provision or Section should not cause the entire Agreement to become unenforceable unless it is caused to fail in its essential purpose. In the event that any provision or Section of this Agreement violates any law of the state of Florida or is for some other reason unenforceable as written in the state of Florida, the Employee agrees that the provision should be reduced in scope or length or otherwise modified by the Court, if possible under the law, to cause the provision or section of the Agreement to be legal and enforceable but to still provide to the Company the maximum protection available to it under the law.
Modification by the Court. In the event that any provision or Section of this Agreement violates any law of the state of Texas or is for some other reason unenforceable as written in the state of Texas, the Employee and the Company agree that the unenforceable provision or Section should not cause the entire Agreement to become unenforceable unless it is caused to fail in its essential purpose. In the event that any provision or Section of this Agreement violates any law of the state of Texas or is for some other reason unenforceable as written in the state of Texas, the Employee agrees that the provision should be reduced in scope or length or otherwise modified by the Court, if possible under the law, to cause the provision or Section of the Agreement to be legal and enforceable but to still provide to the Company the maximum protection available to it under the law.
